Posted in Wrongful Death on June 12, 2025
The simplest answer to this question is that a plaintiff, usually a close family member, can recover all the compensation that would have been due to the victim had they survived. Additionally, they can claim compensation for the personal and financial losses they have suffered.
Examples of Compensation To Be Claimed In a Wrongful Death Lawsuit
The California Legislature defines wrongful death as a death caused by a wrongful act or neglect (negligence). The elements of wrongful actions or negligence must be present to claim. An accidental death differs from a wrongful death because there is no element of wrongdoing or negligence on someone else’s part. In cases qualifying for a wrongful death claim, compensation may include the following categories of damages.
- Medical expenses arising from the accident
- Wages lost after the accident and before the death
- Pain and suffering experienced by the victim
- Funeral costs, including burial costs
- Loss of future financial support from the deceased
- Emotional trauma and anguish experienced by surviving family members
- Loss of companionship, care, and guidance
- Punitive damages in cases of wrongdoing or gross negligence
While the amounts claimable in some of these categories are easily determined by reviewing financial records, others are more difficult to quantify and may be subject to debate. However, there have been past judicial findings that may support claims for substantial compensation, and these will likely work in the plaintiffs’ favor.
Who May File a Wrongful Death Lawsuit?
A distinct order of precedence indicating who may file a wrongful death claim has been captured in California law. It is based on family relationships, with surviving spouses or registered domestic partners having precedence.
If there is no surviving spouse or partner, any children of the deceased would be the closest surviving family members, and they may file a wrongful death lawsuit. If the victim is a child, the parents may claim, and so on.
Essentially, the determination of who may file a wrongful death lawsuit would be similar to determining who a deceased person’s heirs would be if they were to die without a will. When relationships are distant, certain categories of damages may fall away. For example, a deceased person’s second cousin would rarely experience the same level of grief and distress as their spouse or children.
The Importance of Compensation Following a Wrongful Death in California
Apart from fulfilling the principle of fairness, in which victims should be compensated for their financial and personal losses, the amounts claimable in Long Beach wrongful death lawsuits are often essential to surviving family members. Besides direct costs related to the wrongful death, it can be difficult to maintain a household if a person who contributed financially is no longer there.
For some families, wrongful death compensation is all that stands between them and further hardships, such as the loss of a family home. Loss of inheritance should also be taken into consideration. The deceased’s debts would be paid from their estate, and this may leave little for families who have suffered an untimely loss.
With matters this serious on the line, surviving families should retain a lawyer who will work to recover the maximum compensation possible. Without access to knowledgeable representation, they are not likely to receive the full compensation to which they are entitled. For example, they may fail to claim sufficient compensation or find that the defendant’s lawyers are well-versed in arguments that reduce their settlements.